Determination of application for leave to appeal under section 376
377 Determination of application for leave to appeal under section 376
The Court of Appeal may refuse an application for leave to appeal under section 376 in relation to any ground of appeal if—
there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence imposed by the Children's Court; or
there is no reasonable prospect that the Court of Appeal would reduce the total effective sentence despite there being an error in the sentence imposed by the Children's Court.
Note
Subsection (3) empowers the Court of Appeal to correct a sentence if an application is refused in the circumstances referred to in subsection (1)(b).
An application may be refused under subsection (1) even if the Court of Appeal considers that there may be a reasonably arguable ground of appeal.
On refusing an application under subsection (1)(b), the Court of Appeal, if it considers it appropriate to do so, may—
amend the sentence imposed by the Children's Court by substituting a less severe sentence; and
make any other order that the Court of Appeal considers ought to be made.
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